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HomeMy WebLinkAbout2913 1 RESOLUTION NO 2 9 1 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, APPROVING THE PRELIMINARY PLAT OF A 38-LOT SINGLE- FAMILY SUBDIVISION LOCATED WESTERLY OF WEST VALLEY HIGHWAY AND 4 NORTHWESTERLY OF 11TH STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON 5 6 WHEREAS, Application No PLT0002-97 , dated May 23 , 1997, 7 has been submitted to the City of Auburn, Washington, by 8 INTRACORP, requesting approval of a Preliminary Plat for a 38- 9 lot single-family subdivision located westerly of West Valley 10 Highway and northwesterly of 11TH Street NW, within the City 11 of Auburn; and 12 WHEREAS, said request above referred to was referred to 13 the Hearing Examiner for study and public hearing thereon; and 14 WHEREAS, pursuant to staff review, the Hearing Examiner 15 conducted a public hearing to consider said petition in the 16 Council Chambers of the Auburn City Hall on December 16 , 1997 17 at 7 00 p m , at the conclusion of which the Hearing Examiner 18 recommended approval of the Preliminary Plat ; and 19 WHEREAS, at the regular meeting of the City Council on 20 January 5 , 1998 , the City Council moved to hold a closed 21 record hearing on the Preliminary Plat; and 22 WHEREAS, at the regular meeting of the City Council on 23 January 20 , 1998 , the City Council conducted a closed record 24 hearing to consider said petition in the Council Chambers of 25 26 Resolution No 2913 February 2, 1998 Page 1 1 the Auburn City Hall at 7 30 p m , at the conclusion of which 2 the City Council recommended approval of the Preliminary Plat 3 based upon the following Findings of Fact and Conclusions, to- 4 wit 5 6 FINDINGS OF FACT 7 1 The applicant, Intracorp, has requested preliminary plat approval for a 38 lot single family subdivision The plat 8 is located westerly of the West Valley Highway and northwesterly of 11` Street NW The plat will abut the 9 north side of the existing Vistara Division #1 This proposed plat is part of a larger preliminary plat that 10 was approved by the City in 1991 The plat was previously 11 known as "Sunning Hills" and the preliminary plat was approved for 96 lots The first phase of the plat 12 received final plat approval in 1995 for a total of 55 lots A number of homes have been constructed on those 13 lots 14 2 The original preliminary plat that was approved in 1991 did however expire prior to the completion of Division #2 15 Since the preliminary plat expired a new preliminary plat for Division #2 needed to be secured before a final plat 16 could be approved 17 3 In conjunction with the preliminary plat a surface mining permit is also being processed This permit will allow 18 for the excavation of 88 , 000 cubic yards of material 33 , 000 cubic yards will be used on-site, as fill and the 19 remainder will be exported off-site The excavation is needed in order to create building lots for the single- 20 family homes Steeper slopes, which are not conducive for single family lots, encumber this part of the plat The 21 previous approval did not contemplate a mining permit It did, however, become apparent with the construction of 22 Division #1, that the previous approval did not fully address the amount of slope on the property and the need 23 for substantial excavation to create buildable lots It was determined that excavation on a lot by lot basis was 24 not as effective as excavating a larger area 25 26 Resolution No 2913 February 2, 1998 Page 2 1 4 The proposed preliminary plat is reasonably similar to the 2 previous plat with the following exceptions The number of lots is reduced from 41 to 38 A short public cul-de-sac 3 at the northwest corner is being replaced by a private access tract The private access tract will provide 4 access to two lots (16 & 17) while the previous cul-de-sac was going to provide access to seven lots A larger open 5 space tract is also being set aside because of the steeper unbuildable slopes A mining permit is now required to 6 allow for the additional excavation that is now being proposed and most if not all of the trees will be removed within the areas that will be excavated As construction of Division #1 commenced it was soon discovered that it 8 was not possible to save as many of the native trees as was originally thought This is due to a disease (root 9 rot) that caused a number of trees to be removed, and more trees were required to be removed for grading of the 10 streets and building pads 11 5 Section 17 12 250 of the Land Division Ordinance requires that each lot have at least 20 feet of frontage on a 12 public street Since a private access tract is being proposed, to serve lots 16 and 17, a modification to the 13 standard of having each lot abut a public street needs to be processed Chapter 17 18 of the Land Division 14 Ordinance does allow for such modifications if approved by the Hearing Examiner It is recommended that the 15 modification be approved in that the topography of the site would require substantial more excavation to 16 accommodate the construction of a public street than the private access 17 6 The contents of the case file #PLT0002-97 and the 18 environmental file #SEP0028-97 of this project are made a part of the record herein 19 20 CONCLUSIONS OF LAW 21 1 There are a series of criteria which must be established before a preliminary plat can be granted These criteria 22 are identified in Section 17 06 070 of the Land Division Ordinance 23 2 Adequate provisions are made for the public health, 24 safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, 25 26 Resolution No 2913 February 2, 1998 Page 3 1 sanitary wastes , parks, playgrounds and sites for schools and school grounds 2 The prior approved preliminary plat met all of these 3 provisions The revised plat does not lessen any of these provisions 4 3 Conformance of the proposed subdivision to the general 5 purposes of the Comprehensive Plan 6 The underlying Comprehensive Plan designation is single family which this proposed plat is consistent with 7 4 Conformance of the proposed subdivision to the general 8 purposes of any other applicable policies or plans which have been adopted by the City Council 9 There are no other applicable plans that pertain to this 10 proposed revision 11 5 Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in 12 Section 17 02 030 13 The proposed plat is consistent with the general purposes in that it provides for a single family neighborhood, 14 provides for adequate travel on public streets, provides for additional open space, and provides for adequate 15 infrastructure 16 6 Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or 17 engineering standards and specifications as adopted by the City 18 The plat has been designed to be in compliance with the 19 Zoning Ordinance and other applicable engineering or planning standards 20 7 The potential environmental impacts of the proposed 21 subdivision are mitigated such that the preliminary plat 22 will not have an unacceptable adverse effect upon the quality of the environment 23 A Mitigated Determination of Non-significance was issued November 22 , 1997 and contained 12 conditions of approval 24 that deal with geotechnical issues, erosion and storm 25 26 Resolution tdc 2913 February 2, 1999 Page 4 1 drainage control, haul routes, wetlands, open space and landscaping 2 3 For each of the above stated reasons, the recommendation 4 of the Hearing Examiner to the Auburn City Council on the 5 application is conditional approval , subject to the following 6 for a Preliminary Plat 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 8 9 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT 10 11 Section 1 . The above cited Hearing Examiner' s Findings 12 and Conclusions are herewith approved and incorporated in this 13 Resolution 14 Section 2 . The Preliminary Plat for a 38-lot single- 15 family subdivision located westerly of West Valley Highway and 16 northwesterly of 111 Street NW, within the City of Auburn, 17 and legally described on attached Exhibit "A" is hereby 18 approved subject to the following conditions 19 20 1 The open space as identified on the preliminary plat 21 drawing as "Tract A" shall be recorded as part of the final 22 plat and shall be legally described The tract shall also provide the City of Auburn with an easement to allow the 23 tract to be used for passive recreation uses, i e , trails 24 25 26 Resolution No 2913 February 2, 1998 Page 5 1 The exact language to be recorded on the Final Plat shall 2 be approved by the Planning Director 3 2 The City Engineer shall approve the construction standards of the private access tract that will provide access to 4 lots 16 and 17 The Fire Marshal shall also approve the 5 construction, which may include an emergency turn around, fire hydrant, or sprinklering the two homes 6 3 In order to mitigate for the removal of the vegetation, the applicant shall be responsible to provide for street tree planting within each front yard of each lot and to provide 8 for rear yard tree planting for each lot The street tree planting shall consist of deciduous trees, similar to what g has been planted in the other Division, that are 2 to 2 5 inches in diameter at the time of planting and are planted 10 on an average spacing of 25 feet The rear yard planting shall consist of a mix of deciduous and coniferous trees with the deciduous trees 2 to 2 5 inches in diameter at the 11 time of planting The coniferous trees shall be 4 to 6 12 feet in height at the time of planting All trees shall be planted with an average spacing of 25 feet within the rear 13 yard of each lot The proposed tree planting shall be submitted for review and approval as a revision of 14 previously prepared Slope Restoration and Existing Tree Retention Plan by Triad Associates 15 All trees shall be planted prior to final plat approval of 16 the corresponding subdivision or in order to avoid conflict with the home building the trees may be planted subsequent 17 to the construction of the home The applicant shall then post a bond or similar financial guarantee that ensures the 18 trees are planted within 3 years of the final plat approval of the corresponding subdivision 19 The applicant shall also post a bond or similar financial 20 guarantee that ensures the trees will survive for two years following planting of the trees and that any dead or 21 unhealthy trees will be replaced 22 The applicant shall prepare language to be recorded as part of the Final Plat and as part of any restrictive covenants 23 indicating that the homeowner is responsible for the maintenance and retention of the trees Tree removal or 24 replacement, as required by this condition, is only allowed if there is a documented public safety concern Any tree 25 26 Resolution No 2913 February 2, 1998 Page 6 1 removal or replacement shall be approved by the Auburn Planning Director 2 4 The conditions of the Final Mitigated Determination of Non- 3 Significance are incorporated as conditions by reference 4 5 A statement on the final plat for recordation against all lots stating that instability of slopes may exist and the 5 prospective property owner should consult a geotechnical advisor 6 7 6 The private street to serve lots 16 and 17 shall be signed as a private street 8 9 Section 3 . The Mayor is hereby authorized to implement 10 such administrative procedures as may be necessary to carry 11 out the directives of this legislation 12 DATED and SIGNED this 2nd day of February, 1998 13 CITY OF AUBURN 14 nn n� 15 �u(iles p 16 CHARLES A BOOTH MAYOR 17 ATTEST 18 19 Aikak_g: 4).11414-42A-1 20 Danielle E Daskam, City Clerk 21 22 APPROVED AS TO FORM 23 (\ 2A Michael J Reynolds, 25 City Attorney 26 Resolution No 2913 February 2, 1998 Page 7 LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S88°13'30"W ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 394.84 FEET TO THE POINT OF BEGINNING; THENCE 531°00'11'E 96.00 FEET, THENCE SO4°41'32'E 314.00 FEET THENCE S80°23'00'W 113.94 FEET TO THE EASTERLY MARGIN OF PIKE STREET NW; THENCE S2713'35'W 90.78 FEET TO A POINT ON THE WESTERLY MARGIN OF PIKE STREET NW; THENCE N88°19'15'W 107.96 FEET, THENCE S01°40'45'W 89 85 FEET THENCE S62°31'14'E 16.48 FEET TO THE NORTHWEST MARGIN OF 10TH COURT NW AND THE POINT OF CURVATURE OF A NONTANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS S38°29'35'E 125.00 FEET DISTANT, THENCE SOUTHWESTERLY ALONG SAID MARGIN AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 32°49'17'AN ARC DISTANCE OF 71.61 FEET THENCE S62°24'01'W 84.31 FEET, THENCE S26°43'56'W 129.09 FEET, THENCE S08°44'26"W 60 20 FEET THENCE N85°10'17'W 126.93 FEET TO THE EASTERLY MARGIN OF R STREET NW; THENCE N49°43'26'W 53.94 FEET TO A POINT ON THE WESTERLY MARGIN OF R STREET NW' THENCE N76°46'20"W 154.46 FEET THENCE N56°18138'W 29.11 FEET, THENCE N89°19'S6'W 90.00 FEET THENCE S22°39'27"W 89.14 FEET, THENCE N76°03'40'W 74.32 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE N00°29'44'W ALONG SAID WEST LINE 797.60 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE N88°13'30'E ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER 906.00 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN THE PLAT OF VISTARA DIVISION ONE, AS RECORDED IN VOLUME 174 OF PLATS AT PAGES 78 THROUGH 83, RECORDS OF KING Comm', WASHINGTON. r,�d Exhibit "A" Resolution 2913 y RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINANCE NO DATE ADOPTED• /9f1' RESOLUTION NO. °Z. 7/3 EFFECTIVE DATE. RECORDING FILE. CODE BOOK. DEPARTMENT DISTRIBUTION DEPT "CONTACT: , ;.'DATE CITIZEN REQUESTS NAME ADDRESS '' :;4 DATE F CLERK\RECORDS\RECFORM CO'Or CHARLES A,BOOTH,MAYOR AUBURN CITY CLERK Danielle Daskam,City Clerk ,'.burn 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk Auburn 111 1l City Clerk:(253)931-3039 Tame Bothell, Records/License Clerk Business Registration:(253)931 3007 Fax:(253)288-3132 48hi 110,t° STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2913 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2913 " I certify that said Resolution No 2913 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 2nd day of February, 1998 Witness my hand and the seal of the City of Auburn this 23rd day of February, 1998 Danielle Daskam, City Clerk City of Auburn